Victims, in general, are often not inclined to testify. If the victim happens to be an illegal immigrant or has close friends and family who are here illegally? They’d be out of their minds to voluntarily go anywhere near a courthouse. If the authorities don’t make their lives hell, then they still have to look over their shoulders among their community for ‘snitching’.
Even with the ICE and deportation issue aside, a lot of people just end up assuming they won't hear about it after the day it happens or they don't want to feel like they're part of the reason someone else went to jail/prison. Getting a victim to actually show up for court is (apparently) hard to do.
Other crimes probably rely on other witnesses, surveillance footage, etc. If there's none of the above and your only witness refuses to testify then more than likely you're losing that case. Lost cases effect a prosecutor's record and could harm their chances of a career after their stint in the DAs office.
If we paid DAs and their offices better. There wouldn't be such a rush to get experience and then bolt to a private firm and maybe they would take more chances. That's not gonna happen and with law school costing what it does. There's little surprise they run the track they do.
IANAL and so I don't have firsthand info for this case but that's one possible reason why they were dropped.
If all you have is a confession, and the defense is able to introduce doubt at the validity of that confession (it was coerced, he wasn't in his right mind, it wasn't actually a clear confession, etc), your case is toast though.
Trials are adversarial.
Also, there are limited resources for the DA's office. If they don't think they have a winning case, the resources spent on that case could be spent on another case that would have otherwise gone unhandled.
There's also the generic ethical issue of pursuing a case that you aren't confident will win. Sure in this particular case, it doesn't look like you're running a personal grudge or something. But that sort rule also serves as a protection mechanism against malicious prosecution.
I don't know anything about this case, so I'm just toss stuff out for the general notion... A confession on its own isn't always as clear as it looks.
How about a confession that included information that matched up with the coroners report, in regards to the specific nature of the injuries he confessed to, as well as other information that the prosecutor noted only a person present could have known, as it wasn’t released to the public, including the exact location, exact types of weapons used, and description of the victims clothes? How about a confession that was backed up with enough evidence for the detectives, the prosecutor and the judge to all agree there was enough probable cause.. only to have Descano drop the charges anyway.
I believed in Descano for a long time.. but at this point I can’t anymore.
After doing some reading, it seems the feds got a conviction on the murder for someone else.
I'm not a lawyer, but I can imagine many ways in which that sort of assault (in an event where someone else was convicted separately of the murder) could end up getting quite a bit more complicated and fragile, even more so without a witness.
Heck, if they can't reliably figure out which specific wounds were caused by him as compared to convicted person's, I can imagine a defense attorney having a field day with that. I don't even think they can go for 'unlawful wounding' without being able to point to specific injuries. There are a million other details that can muck with things before you even get to the new theory being contradictory to what was found in the other guys' murder conviction (which defense would eat right up)
I'm not saying Descano is good, but I can't imagine just letting something like this completely slide on a whim would be something he'd want sitting around there.
It's really not. It's a weaker case, but if anyone, at any point, told an officer what happened (I imagine the victim did) then the case can still be made. Happens somewhat often.
Yup… he was arrested and charged with felony malicious wounding in September 2025, but it was not prosecuted and dropped. He was also arrested and charged with brandishing a firearm in September 2025, which was also not prosecuted and dropped on December 16, 2025.
In August of 2023, he was arrested for felony assault in law enforcement and disorderly conduct, but these cases were also dropped and not prosecuted.
It’s safe to say the Fairfax County Commonwealth Attorney’s Office has failed under CA Steve Descano.
Trump's ICE antics have clearly been insane, but Jesus maybe these are exactly the people that should be deported when arrested and charged with beating someone with a sword
So they should be given freedom elsewhere and not prosecuted?
Meanwhile fear of deportation from the victim ensured this guy was back out on the street.
The policy failures run a hell of a lot higher than Descano, but that won't stop the conservative outrage machine from screaming their bigoted rage from every rooftop, reality be damned.
Who gives a fuck if they’re not convicted. They’re already in the country illegally. I feel like I’m taking crazy pills. If you’re arrested by the police and you’re here illegally you should be gone. This is the most common sense thing in the world.
It is not always a criminal charge, very often it's civil. Being here illegally requires going through due process to adjudicate, which you seemingly don't care about. I guess our constitution and legal system don't matter to you?
This guy already had a removal order. If you’re arrested you should be detained (which Fairfax refuses to do even though plenty of municipalities cooperate with this) until you are turned over to DHS where that can be adjudicated. And let’s be honest it’s not like it’s complicated to adjudicate. You either have a visa or you don’t.
The state should not be doing the dirty work of the feds. It's as complicated to adjudicate as the person makes it, they are afforded every aspect of due process that a citizen gets. DHS has been deporting people with no criminal history and even US citizens, fuck them.
Being here illegally does not necessitate a trial in all cases. Some 75% of Obama’s 3.1 million deportees did not have trial and were summarily removed.
A trial is only one part of due process, I'm glad you are not an attorney. I'd rather not send people to concentration camps for deportation, or deport anyone that doesn't have a violent criminal record. Considering who you claim to work for, you seem to enjoy the cruelty.
If there was enough evidence for a jury to convict, they would've prosecuted. If we get to trust you "cops" to do your job properly, you get to trust the lawyers to do their job🙂
He is innocent until convicted, that's the backbone of our legal system. The victim fleeing and not providing evidence is literally supporting my argument.
It’s not public information whether the evidence provided was corroborating. But we will never no because the prosecutors office elected to drop the case instead of going to trial.
You wouldn’t know the current state of affairs in our judicial system so I don’t blame you. CA’s are instructed to not prosecute certain crimes and are told to lessen other serious charges. CA’s who go hard during prosecution are forced out by the elected CA…
That’s not true at all. In many cases I have had in Fairfax and Arlington Courts where the evidence presented: to include clear video surveillance along with positive identification being made/provided, CA’s elected to drop and/or lower the case due to fear the defendant would be deported. It’s clear many residents have no idea what is happening in the courts.
Fairfax is SO fucked I can’t express my rage. A man came into my work threatening to shoot us, stab us, etc and come to find out they dropped the fucking charges. It was all 100% caught on tape so it wasn’t he said she said
Lol idk what these people are going on about. We literally live in an extremely safe and prosperous area. Anytime you have a lots of humans in one place, shit is bound to go down.
It’s a common theme. Right-wingers hate cities and “liberals” but they sure love the jobs/money/convenience that places like Fairfax create.
Or they have telework jobs afforded to them by companies in blue areas and then move away and make that good money in a LCOL red town and bitch about places like Fairfax.
Because convicting him of violent felony can result in his deportation, the DA says he takes immigration consequences into account when pursuing charges.
Yup, I’ve seen it first hand in both Fairfax and Arlington. Commonwealth Attorney’s will lower a charge or dismiss it all together to avoid the defendant from being deported. Progressive CA’s in NOVA couldn’t care less about protecting the community. It’s so bad now, that decent CA’s who are willing to prosecute are being forced out by the elected Commonwealth Attorney for being “too harsh”.
Stop rage harvesting or being the unwitting mark on rage harvesting. The CA can't just lock up folks without charges and you can't get the charges when the victims so in fear of the racist country we live in self-deport rather than assist the CA's office in getting the guy in jail.
I’ve listed the multitude of charges for this subject, which can be seen on Virginia Courts. And again, a victim’s testimony is not required for a conviction.
No stop buying into the disinfo campaign. The CA cannot keep folks in custody when the victims refuse to cooperate. Unlike ICE the CA follows the bill of rights.
Disinfo? You are talking to somone who goes thru the legal system here often. Not a rando nova redditor who acts like they are lawyer. They release people on bond (on recogniznace) for vile crimes. I am not a bot dm me
This is a reoccurring problem with this DA for violent crimes.
He is pretty open about not charging people for most misdemeanors, including for violent and sexual based crimes.
He dropped the ball on my SA as a minor as well a few years ago now
He needs to be recalled for any alternative who is willing to do the job
I am a Democratic voter, but some of his actions are beyond reason and are harming our county greatly. It should be bi-partisan to recall and replace him with literally any alternative
It is mostly upsetting that nothing came of it, which makes it hard for me to move on from.
Please consider signing petitions for his recall and consider voting against him in democratic primaries he is challenged in, the next time is happens. Every vote counts
Edit: whoever down voted this is a weirdo, just as weird as the normal responses of people commenting that I am either a liar or a w****
I’m willing to bet that the people who have been victimized by this POS are from his own community. This reminds me of the guy who tried to assault a woman on the W&OD trail a while back. His arrest record was as long as your arm with all sorts of arrests for heinous crimes.
Protecting animals like from deportation is not an act of mercy towards a marginalized community, when they are being let free to victimize the good people of that same community at will.
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To ensure an undocumented person continues to be held, a judicial warrant is required. In this instance, ICE was aware of Morales Ortez’s incarceration and elected not to seek a judicial warrant to ensure he remained in custody.
Pretty clear ICE doesn't know how to follow any laws. That's on them.
Regardless of political opinions, warrantless detainers are a legal and valid method of holding someone for a few extra days in jail. This particular sheriffs office decided to ignore it due to their political opinion. Thousands of sheriffs offices throughout the country honor them, as they are both valid and legal. Now would ICE have picked him up had the detainer been honored? We will never know. But the sheriffs office is the one who ignored it, so the burden lies with them as the last decision maker here.
It isn't a partisan political opinion to say warrantless detainers are bullshit. If ICE wants someone held they shouldn't have an issue showing a judge cause for that detention, otherwise having local police voluntarily enforcing immigration law is often a net negative on community policing goals even if it would occasionally catch a perpetrator, it ends up having a chilling effect on other interactions.
But hey maybe ICE can keep focusing on deporting someone's grandma instead of actually focusing on getting things like this correct.
ICE wants someone held they shouldn't have an issue showing a judge cause for that detention
First off, fuck ICE. This isn’t a defense of them and I don’t agree with what’s happening in this country to immigrants who work hard to give themselves and their families a better life. This guy in this story is the exception not the rule.
With all that said, ICE can’t show cause for detention in the way you’re thinking.
This individual was charged with Present without admission or parole. The law is INA §212(a)(6)(A)(i). That is a civil immigration violation, not a criminal offense. ICE cannot obtain an arrest warrant because arrest warrants are for criminal offenses.
There is no process for ICE to obtain what’s referred to as a judicial warrant for the civil offense of Present without admission or parole. A federal judge in Virginia or wherever cannot issue a judicial warrant for that offense. Immigration judges only have authority over civil immigration law so neither can they.
ICE can get judicial warrants for criminal offenses such as Illegal entry, Illegal reentry after deportation, smuggling, etc.
Why don’t they get arrest warrants then for illegal entry? A few reasons. One, illegal entry has a 5 year statute of limitations. So after that you can’t be prosecuted for it. Second, it’s a crime which requires proof beyond a reasonable doubt. The government must prove the exact date and time the person entered, where they entered, the exact spot they entered, the method they entered, whether they entered the US knowingly and voluntarily, etc. Insanely difficult to prove.
Congress created immigration law and designed the system to be civil and not criminal. That is why almost everything around immigration is administrative warrants and detainers and not criminal arrest warrant.
otherwise having local police voluntarily enforcing immigration law is often a net negative on community policing goals even if it would occasionally catch a perpetrator, it ends up having a chilling effect on other interactions.
Do you happen to have a citation for this?
S/o to the reddit criminologists that provide downvotes instead of citations.
January 5, 2015, the VA Attorney General advised that “an ICE detainer is merely a request. It does not create for a law enforcement agency either an obligation or legal authority to maintain custody of a prisoner who is otherwise eligible for immediate release from local or state custody. For that reason, an… inmate with a fixed release date should be released from custody on that date notwithstanding the agency’s receipt of an ICE detainer.” This guidance was provided to Virginia Sheriffs and has never been amended or superseded.
And there are States whose Attorney Generals have issued the exact opposite guidance, hence why honoring or not honoring detainers is a political issue.
"Blood on their hands" is the exact same language other anonymous users were using in a different sub regarding this story. Be mindful this is a a political astroturf campaign
Nope. I’ve been in law enforcement in the Northern Virginia area for years now. I’ve seen how Fairfax County, Arlington County, and Loudoun County’s Commonwealth Attorney’s Offices have operated. I’ve seen far too many serious cases be plead down or dropped all together. I’m tired of seeing CA’s soft on crime approaches effect residents’s safety.
NOVA is quite literally one of the safest places to live in the entire US. Ffx, Arlington, and loudon are all (or have been recently) within the top 5 to 10 lowest murder rates in the country. Suggesting local DA policies are putting residents at risk is pure lunatic stuff
You are a hateful bitter person. I hope to god you are not CURRENTLY in law enforcement. The circumstances of this case are very different than portrayed here.
Not at all. Every count this subject has been charged with was dropped by Descano’s office out of fear the defendant would get deported. I’ve seen it first hand at trial. Anytime immigration status is questioned CA’s will work out a deal for a diversion program so the offender won’t get deported. And, I’m a FED now. Got tired of these relaxed prosecutors out in Northern Virginia.
You’re a right wing troll because you plaster pro-Trump BS, articles from a right wing news propaganda outlet like Sinclair, and parrot Russian talking points, as a start. You’re a walking Facebook comments section and yet someone thought it was wise to give you a gun and some authority.
i've told all those trolls to go spend a day in court to see how commonwealth attorneys are playing catch and release and cops are pissed off and quitting but at this point those trolls are not even locals
Holy hell, imagine bragging about joining ICE for the signing bonus and the ideological commitment to what it's currently doing. And thats assuming youre not just making up that you work in LE at all
You're lying about working in a profession that has actively banned smart people. Like sure, throw some stupid childish insults at me, but a purported LE officer calling other people stupid is extremely funny. Nobody is going to bother treating you as a good faith actor because your shit smelled from 2 states over
I want to clarify that this is not a defense of ICE but there is a HUGE misconception here.
This individual was charged with Present without admission or parole The law is INA §212(a)(6)(A)(i). That is a civil immigration violation, not a criminal offense. ICE cannot obtain an arrest warrant because arrest warrants are for criminal offenses.
There is no process for ICE to obtain what’s referred to as a judicial warrant for the civil offense of Present without admission or parole. A federal judge in Virginia or wherever cannot issue a judicial warrant for that offense. Immigration judges only have authority over civil immigration law so neither can they.
ICE can get judicial warrants for criminal offenses such as Illegal entry, Illegal reentry after deportation, smuggling, etc.
Why don’t they get arrest warrants then for illegal entry? A few reasons. One, illegal entry has a 5 year statute of limitations. So after that you can’t be prosecuted for it. Second, it’s a crime which requires proof beyond a reasonable doubt. The government must prove the exact date and time the person entered, where they entered, the exact spot they entered, the method they entered, whether they entered the US knowingly and voluntarily, etc. Insanely difficult to prove.
Congress created immigration law and designed the system to be civil and not criminal. That is why almost everything around immigration is administrative warrants and detainers and not criminal arrest warrant.
I'm sorry, I don't think we can give ICE a pass because they "technically" followed the rule of law for once. Where was this desire to follow proper immigration policy when they wrongfully arrested or detained several American citizens and Native Americans? Let's not pretend they care about acting within the law. This crime could've been prevented if ICE did its actual job to deport violent immigrants instead of running around like a bunch of masked thugs picking up anyone who doesn't look white.
I’m not giving them a pass at all. How is clarifying the procedures for immigration enforcement giving them a pass?
I’m simply saying that there is no process on obtaining a criminal arrest warrant (judicial warrant) for a civil immigration violation. That’s all. I agree with what you’re saying but nowhere did I imply let’s give ‘em a break. In fact, in my very first sentence I said this is not a defense of ICE.
I got ya. Regardless, we agree with each other. Instead of targeting hard working immigrants looking for a better life they could’ve have focused their time and energy on truly violent immigrants
Because focusing on deporting those whom are a danger to society would be too sensical of a policy. Resources are focused on deporting those at a basically random draw
Not even random, they're deporting the easiest ones - you know, the immigrants who show up to their annual asylum hearings, who follow the rules, those people are super easy to snatch from the courthouse with 0 danger to ICE.
Going after dangerous gang-affiliated deportation targets would be hard work, and it might be dangerous, so why the hell would ICE do that? Nah, they'd rather be lazy and deport kids getting cancer treatment.
Too busy doing photo ops and roughing up people minding their own business.
Or, if you want to be particularly cynical, they’re okay letting guys like this loose knowing they’ll commit more crimes and drive anti-immigrant sentiment.
Stop spreading misinformation. A victim’s testimony isn’t necessary for a conviction if there is other corroborating evidence such as DNA evidence, CCTV, etc…
In this case that was what happened. It's OFTEN a problem nationwide. Folks are persecuting our local CA whose case rates are comparable to other similar counties because he won't join the MAGA hate train.
So much rage harvesting by the Sinclair Broadcasting hate machine and it leaves out important details covered by NBC4 Washington like the fact that the prosecution fell apart when the victims fled the country refusing to help the CA's office in getting the guy jailed.
Listen I am merely passing along what established non-Sinclair, investigative journalists have researched and reported. But sure, keyboard jockey, you got eyes on.
Just so people understand an ICE detainer is simply a request from the federal government not an order. It is a request for a specific constitutional reason: ie the federal government cannot order a state or local agency to do something if its function is fully within the purview of state or local government. Managing a local jail is within the realm of a local function, thus, the feds have to ask. That’s why Richmond had to vote to approve the expansion of Medicaid and literally left free money on the table for years.
Keep in mind this is not simply something that is unique to “sanctuary jurisdictions”. Keeping people locked behind bars beyond their convictions is a major habeas corpus violation and many jurisdictions don’t want that liability.
Nope. Fairfax County Sheriff’s policy is messed up. Being on the Federal side now, we notify ICE after an encounter, and they will determine whether or not they’ll come out and take custody of the subject. This wasn’t done here.
In this case the OP left out the very relevant fact that the victim fled the US leaving the CA with no witness and thus no case. DHS and their campaign of hate make it very hard to get cooperation from immigrant crime victims now.
OP pasted a propaganda piece from a news company so notorious that there's a reddit bot for them. The company has a stated policy to go after non GOP prosecutors and pump the crime beat hard to harvest rage and ratings to reward the MAGA party line.
My visceral reaction is to the rage harvesting on social media undertaken by folks who repeatedly post Sinclair Broadcasting's magnification of minority crime, never ever white collar crimes. It's quite plainly a pattern and practice to attempt to suck in others to ancient trope of darker men being a danger to society and precious women. Been going on in the US for centuries. This is simply the latest manifestation of it.
The cringe is all the haters firehosing a stream of minority criminals to drive a narrative that is out of bounds of reality where the majority of criminals are pale males.
It’s amazing to see how quickly people want the justice system to work to protect a victim. Yet women all over the country are killed by violent spouses who get to keep their guns and their rights. Do the same people mad at Descano now believe victims of domestic violence should get the same consideration?
If you’re only upset because an undocumented person did this then you’re just posturing. You don’t care about victims.
Nice job to you too. The governor elect has as much influence on current policy as you do. Good attempt at blame storming, who is governor at this moment in time?
Yeah, soft on crime. Tell yourself that.
Who pardoned all the people convicted in the J6 insurrection? The guy you worship. Some were also convicted of other unrelated violent crimes, child porn, and other crimes, which trump pardoned. At least ten of those people couldn't stay out of prison for ten whole months. Two got into shootouts with police and would be alive today if he hadn't let them out of their cages.
He pardoned the silk road guy, George Santos, a Chinese crypto scammer, Rod Blagoyovich, two cops who killed a kid, Kodak Black (a rapper convicted of gun charges), Michael Flynn, Roger Stone, a soldier convicted on two counts of murder, another soldier convicted of murdering an unarmed prisoner, and so on and so on. Oddly, he pardoned Susan B Anthony, against her stated wishes when she was alive and the wishes of her family, as well as another civil rights figure who had refused a pardon before their death.
He has also moved convicted child molester and human trafficker Ghislane Maxwell to a minimum security prison in violation of the laws governing inmates convicted of the types of crime she was convicted of. This was in exchange for her lying about their past association.
For that matter, he was indicted 3 times on almost 100 charges, convicted of 42 of them and got the rest dismissed by becoming president. He has been found liable in hundreds of court cases, including cases related to various sex crimes. He has been involved in over 4000 court cases. Notably he was found guilty of stealing millions from a children's cancer charity, and he and his family are all barred from any involvement in any charity in New York.
Another bizarre part of his legal history is how many times judges he appointed to the supreme court have ruled against him. He packed the court with loyalists and even they couldn't justify his crimes.
You can't claim to be serious about crime. That's laughable.
He confessed to striking the victim of an earlier crime with a machete 3 times, but a prosecutor dropped charges?
Only because the victim left the country and wouldn’t testify. Hard to convict without a victim.
This is a common theme.
Victims, in general, are often not inclined to testify. If the victim happens to be an illegal immigrant or has close friends and family who are here illegally? They’d be out of their minds to voluntarily go anywhere near a courthouse. If the authorities don’t make their lives hell, then they still have to look over their shoulders among their community for ‘snitching’.
The victim also being undocumented would make a lot of sense, if he's MS13 like some people are reporting.
Even with the ICE and deportation issue aside, a lot of people just end up assuming they won't hear about it after the day it happens or they don't want to feel like they're part of the reason someone else went to jail/prison. Getting a victim to actually show up for court is (apparently) hard to do.
another reason we need to send these illegals home. they are breaking our justice system.
send them all to Venezuela, I bet that'll solve every problem. I'm very informed.
it’s a good start.
it sure as hell is not
Why can other crimes be prosecuted without the victim present but not machete assault?
Other crimes probably rely on other witnesses, surveillance footage, etc. If there's none of the above and your only witness refuses to testify then more than likely you're losing that case. Lost cases effect a prosecutor's record and could harm their chances of a career after their stint in the DAs office.
If we paid DAs and their offices better. There wouldn't be such a rush to get experience and then bolt to a private firm and maybe they would take more chances. That's not gonna happen and with law school costing what it does. There's little surprise they run the track they do.
IANAL and so I don't have firsthand info for this case but that's one possible reason why they were dropped.
…or a confession.
If all you have is a confession, and the defense is able to introduce doubt at the validity of that confession (it was coerced, he wasn't in his right mind, it wasn't actually a clear confession, etc), your case is toast though.
Trials are adversarial.
Also, there are limited resources for the DA's office. If they don't think they have a winning case, the resources spent on that case could be spent on another case that would have otherwise gone unhandled.
There's also the generic ethical issue of pursuing a case that you aren't confident will win. Sure in this particular case, it doesn't look like you're running a personal grudge or something. But that sort rule also serves as a protection mechanism against malicious prosecution.
I don't know anything about this case, so I'm just toss stuff out for the general notion... A confession on its own isn't always as clear as it looks.
How about a confession that included information that matched up with the coroners report, in regards to the specific nature of the injuries he confessed to, as well as other information that the prosecutor noted only a person present could have known, as it wasn’t released to the public, including the exact location, exact types of weapons used, and description of the victims clothes? How about a confession that was backed up with enough evidence for the detectives, the prosecutor and the judge to all agree there was enough probable cause.. only to have Descano drop the charges anyway.
I believed in Descano for a long time.. but at this point I can’t anymore.
After doing some reading, it seems the feds got a conviction on the murder for someone else.
I'm not a lawyer, but I can imagine many ways in which that sort of assault (in an event where someone else was convicted separately of the murder) could end up getting quite a bit more complicated and fragile, even more so without a witness.
Heck, if they can't reliably figure out which specific wounds were caused by him as compared to convicted person's, I can imagine a defense attorney having a field day with that. I don't even think they can go for 'unlawful wounding' without being able to point to specific injuries. There are a million other details that can muck with things before you even get to the new theory being contradictory to what was found in the other guys' murder conviction (which defense would eat right up)
I'm not saying Descano is good, but I can't imagine just letting something like this completely slide on a whim would be something he'd want sitting around there.
It's really not. It's a weaker case, but if anyone, at any point, told an officer what happened (I imagine the victim did) then the case can still be made. Happens somewhat often.
You'd think a confession is the easiest possible route to a conviction
Sure if you dont know anything about how prosecutions work
Yup… he was arrested and charged with felony malicious wounding in September 2025, but it was not prosecuted and dropped. He was also arrested and charged with brandishing a firearm in September 2025, which was also not prosecuted and dropped on December 16, 2025.
In August of 2023, he was arrested for felony assault in law enforcement and disorderly conduct, but these cases were also dropped and not prosecuted.
It’s safe to say the Fairfax County Commonwealth Attorney’s Office has failed under CA Steve Descano.
Trump's ICE antics have clearly been insane, but Jesus maybe these are exactly the people that should be deported when arrested and charged with beating someone with a sword
That's how you know ICE only cares about numbers, not accuracy.
So they should be given freedom elsewhere and not prosecuted?
Meanwhile fear of deportation from the victim ensured this guy was back out on the street.
The policy failures run a hell of a lot higher than Descano, but that won't stop the conservative outrage machine from screaming their bigoted rage from every rooftop, reality be damned.
But not convicted, so you're skipping due process here
Who gives a fuck if they’re not convicted. They’re already in the country illegally. I feel like I’m taking crazy pills. If you’re arrested by the police and you’re here illegally you should be gone. This is the most common sense thing in the world.
the majority of normal people give a fuck. I want to know what pills you're taking.
It is not always a criminal charge, very often it's civil. Being here illegally requires going through due process to adjudicate, which you seemingly don't care about. I guess our constitution and legal system don't matter to you?
This guy already had a removal order. If you’re arrested you should be detained (which Fairfax refuses to do even though plenty of municipalities cooperate with this) until you are turned over to DHS where that can be adjudicated. And let’s be honest it’s not like it’s complicated to adjudicate. You either have a visa or you don’t.
The state should not be doing the dirty work of the feds. It's as complicated to adjudicate as the person makes it, they are afforded every aspect of due process that a citizen gets. DHS has been deporting people with no criminal history and even US citizens, fuck them.
Being here illegally does not necessitate a trial in all cases. Some 75% of Obama’s 3.1 million deportees did not have trial and were summarily removed.
A trial is only one part of due process, I'm glad you are not an attorney. I'd rather not send people to concentration camps for deportation, or deport anyone that doesn't have a violent criminal record. Considering who you claim to work for, you seem to enjoy the cruelty.
Deport EVERY SINGLE ILLEGAL IMMIGRANT.
The last time a country tried to do something that severe they ended up murdering most of them
If there was enough evidence for a jury to convict, they would've prosecuted. If we get to trust you "cops" to do your job properly, you get to trust the lawyers to do their job🙂
Clearly you didn’t even read the details of the case. It got dropped because the victim fled the country. Not because he was innocent lol
You’re arguing that the guy who just killed someone was the victim of a police setup in his earlier assault? This reeks of bad faith trolling
He is innocent until convicted, that's the backbone of our legal system. The victim fleeing and not providing evidence is literally supporting my argument.
It’s not public information whether the evidence provided was corroborating. But we will never no because the prosecutors office elected to drop the case instead of going to trial.
I trust the attorneys know when they have enough evidence to convict. It seems like you don't
You wouldn’t know the current state of affairs in our judicial system so I don’t blame you. CA’s are instructed to not prosecute certain crimes and are told to lessen other serious charges. CA’s who go hard during prosecution are forced out by the elected CA…
I would rather not put people in concentration camps. You seem to approve of it
My man, next up you’re going to call Prisons concentration camps. Cut the fake outrage.
That’s not true at all. In many cases I have had in Fairfax and Arlington Courts where the evidence presented: to include clear video surveillance along with positive identification being made/provided, CA’s elected to drop and/or lower the case due to fear the defendant would be deported. It’s clear many residents have no idea what is happening in the courts.
Says the "federal" law enforcement officer trying to argue this administration cares about prosecuting criminals.
I do not support anyone getting sent to the concentration camps we've set up.
Yes
NBc4 reported that was a false confession, a known MS13 murder and he wasn’t even at the scene. So the charges were dropped.
Fairfax is SO fucked I can’t express my rage. A man came into my work threatening to shoot us, stab us, etc and come to find out they dropped the fucking charges. It was all 100% caught on tape so it wasn’t he said she said
You live in one of the best counties in the country in many metrics, also no one believes your "story"
Which part of Fairfax is that, Pakistan, India, or Russia?
Post the tape then. Which you can't. Because that never happened.
Fairfax is fucked? Go live somewhere else then (if you even live here)
Lol idk what these people are going on about. We literally live in an extremely safe and prosperous area. Anytime you have a lots of humans in one place, shit is bound to go down.
It’s a common theme. Right-wingers hate cities and “liberals” but they sure love the jobs/money/convenience that places like Fairfax create.
Or they have telework jobs afforded to them by companies in blue areas and then move away and make that good money in a LCOL red town and bitch about places like Fairfax.
I’ve lived here my whole life, thanks for your recommendation 😒
Stop being unwitting mark in the rage harvest con. If we treated our neighbors nicer they wouldn't be so afraid to help the CA keep the guy in jail.
oh, so we're all fucked now (it's so difficult living in Fairfax)
That's right. Fairfax, love it of leave it!
lol okay bot cutie.
Because convicting him of violent felony can result in his deportation, the DA says he takes immigration consequences into account when pursuing charges.
The result is nonsense like this.
Liar. The victim refused to testify, fled the US.
[deleted]
Here's a balanced accounting of this sad sorry tale:
https://www.nbcwashington.com/video/news/local/northern-virginia/information-reston-murder-suspect-past/4032120/
A victim’s testimony isn’t necessary if there is other corroborating evidence… such as the subject’s fingerprints on the knife in this case.
What year did you pass the bar?
I’ve gotten plenty of convictions without a victim’s testimony. There’s other ways of getting corroborating evidence. Stick to your armchair pal.
I think you watch too much CSI, haha
More like I’ve made hundreds of felony arrests in the Commonwealth. lol
As a lawyer, I can say with certainty that cops know nothing about the actual law. ACAB.
You must be a public defender. I’ve never lost a case to a public defender lol…
I'm not
What kind of lawyer?
Yup, I’ve seen it first hand in both Fairfax and Arlington. Commonwealth Attorney’s will lower a charge or dismiss it all together to avoid the defendant from being deported. Progressive CA’s in NOVA couldn’t care less about protecting the community. It’s so bad now, that decent CA’s who are willing to prosecute are being forced out by the elected Commonwealth Attorney for being “too harsh”.
I’m extremely liberal but this seems like exactly the person we want to not be in this country?
I'm for open borders, so you don't seem 'extremely liberal' to me...
Ah yes the purity test internet guys that turn normal people off, thank you for getting trump elected and ruining the beltway
I didn't vote for him. That's not on me.
Stop rage harvesting or being the unwitting mark on rage harvesting. The CA can't just lock up folks without charges and you can't get the charges when the victims so in fear of the racist country we live in self-deport rather than assist the CA's office in getting the guy in jail.
I’ve listed the multitude of charges for this subject, which can be seen on Virginia Courts. And again, a victim’s testimony is not required for a conviction.
And so many historical convictions are overturned in modern times. Again I sincerely hope you are not currently in law enforcement.
Yeah overturned due to false “victim” testimony in most cases. And I am, and a proactive one at that.
So move to an area that handles law enforcement better
That’s why I went federal. Under this administration the US Attorneys are actually prosecuting unlike in Northern Virginia.
That's quite literally bullshit, EDVA hasn't been prosecuting shit and you know it.
his name is De Scano and his policies are causing cops all around the county to quit
Sounds like a win to me
They are letting anyone out these days...it's since the new DA got hired
No stop buying into the disinfo campaign. The CA cannot keep folks in custody when the victims refuse to cooperate. Unlike ICE the CA follows the bill of rights.
Disinfo? You are talking to somone who goes thru the legal system here often. Not a rando nova redditor who acts like they are lawyer. They release people on bond (on recogniznace) for vile crimes. I am not a bot dm me
This is a reoccurring problem with this DA for violent crimes.
He is pretty open about not charging people for most misdemeanors, including for violent and sexual based crimes.
He dropped the ball on my SA as a minor as well a few years ago now
He needs to be recalled for any alternative who is willing to do the job
I am a Democratic voter, but some of his actions are beyond reason and are harming our county greatly. It should be bi-partisan to recall and replace him with literally any alternative
I’ve been calling to have Steve Descano recalled for years… the problem is many of Fairfax County voters haven’t waken up yet.
I've signed every petition so far (since turningb18) have voted in every primary he has been challenged in.
Unfortunately, people don't believe what he says his own policies are
That is so awful, he definitely should be removed. That must have been traumatizing. Ugh
It is mostly upsetting that nothing came of it, which makes it hard for me to move on from.
Please consider signing petitions for his recall and consider voting against him in democratic primaries he is challenged in, the next time is happens. Every vote counts
Edit: whoever down voted this is a weirdo, just as weird as the normal responses of people commenting that I am either a liar or a w****
Steve descano is a joke
I’m willing to bet that the people who have been victimized by this POS are from his own community. This reminds me of the guy who tried to assault a woman on the W&OD trail a while back. His arrest record was as long as your arm with all sorts of arrests for heinous crimes.
Protecting animals like from deportation is not an act of mercy towards a marginalized community, when they are being let free to victimize the good people of that same community at will.
Exactly this. I’ve seen this play out too many times in the court room up here.
It’s a fucked up dichotomy from both the side of ICE as well as from the left leaning side in the prosecutors office/sheriff dept.
I’m all for protecting the people who are here and doing the right thing, and punishing those who don’t with every tool available.
I think it’s safe to say that the ball, she may have been dropped here
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Thank you bot. You are doing the lord’s work.
Good bot, GREAT bot.
This clown was previously charged with murder too and Fairfax just keeps letting him go?
Fairfax county is an utter embarrassment and they in fact have blood on their hands.
Pretty clear ICE doesn't know how to follow any laws. That's on them.
Regardless of political opinions, warrantless detainers are a legal and valid method of holding someone for a few extra days in jail. This particular sheriffs office decided to ignore it due to their political opinion. Thousands of sheriffs offices throughout the country honor them, as they are both valid and legal. Now would ICE have picked him up had the detainer been honored? We will never know. But the sheriffs office is the one who ignored it, so the burden lies with them as the last decision maker here.
It isn't a partisan political opinion to say warrantless detainers are bullshit. If ICE wants someone held they shouldn't have an issue showing a judge cause for that detention, otherwise having local police voluntarily enforcing immigration law is often a net negative on community policing goals even if it would occasionally catch a perpetrator, it ends up having a chilling effect on other interactions.
But hey maybe ICE can keep focusing on deporting someone's grandma instead of actually focusing on getting things like this correct.
First off, fuck ICE. This isn’t a defense of them and I don’t agree with what’s happening in this country to immigrants who work hard to give themselves and their families a better life. This guy in this story is the exception not the rule.
With all that said, ICE can’t show cause for detention in the way you’re thinking.
This individual was charged with Present without admission or parole. The law is INA §212(a)(6)(A)(i). That is a civil immigration violation, not a criminal offense. ICE cannot obtain an arrest warrant because arrest warrants are for criminal offenses.
There is no process for ICE to obtain what’s referred to as a judicial warrant for the civil offense of Present without admission or parole. A federal judge in Virginia or wherever cannot issue a judicial warrant for that offense. Immigration judges only have authority over civil immigration law so neither can they.
ICE can get judicial warrants for criminal offenses such as Illegal entry, Illegal reentry after deportation, smuggling, etc.
Why don’t they get arrest warrants then for illegal entry? A few reasons. One, illegal entry has a 5 year statute of limitations. So after that you can’t be prosecuted for it. Second, it’s a crime which requires proof beyond a reasonable doubt. The government must prove the exact date and time the person entered, where they entered, the exact spot they entered, the method they entered, whether they entered the US knowingly and voluntarily, etc. Insanely difficult to prove.
Congress created immigration law and designed the system to be civil and not criminal. That is why almost everything around immigration is administrative warrants and detainers and not criminal arrest warrant.
Do you happen to have a citation for this?
S/o to the reddit criminologists that provide downvotes instead of citations.
Wrong.
January 5, 2015, the VA Attorney General advised that “an ICE detainer is merely a request. It does not create for a law enforcement agency either an obligation or legal authority to maintain custody of a prisoner who is otherwise eligible for immediate release from local or state custody. For that reason, an… inmate with a fixed release date should be released from custody on that date notwithstanding the agency’s receipt of an ICE detainer.” This guidance was provided to Virginia Sheriffs and has never been amended or superseded.
And there are States whose Attorney Generals have issued the exact opposite guidance, hence why honoring or not honoring detainers is a political issue.
"Blood on their hands" is the exact same language other anonymous users were using in a different sub regarding this story. Be mindful this is a a political astroturf campaign
Based on OPs post history it’s pretty obvious they’re just a right wing troll.
Nope. I’ve been in law enforcement in the Northern Virginia area for years now. I’ve seen how Fairfax County, Arlington County, and Loudoun County’s Commonwealth Attorney’s Offices have operated. I’ve seen far too many serious cases be plead down or dropped all together. I’m tired of seeing CA’s soft on crime approaches effect residents’s safety.
NOVA is quite literally one of the safest places to live in the entire US. Ffx, Arlington, and loudon are all (or have been recently) within the top 5 to 10 lowest murder rates in the country. Suggesting local DA policies are putting residents at risk is pure lunatic stuff
Yes, I know, I just said you’re a right wing troll.
Not sure how calling out discrepancies within the Commonwealth Attorney’s Office equates to being a troll. Carry on.
You are a hateful bitter person. I hope to god you are not CURRENTLY in law enforcement. The circumstances of this case are very different than portrayed here.
Not at all. Every count this subject has been charged with was dropped by Descano’s office out of fear the defendant would get deported. I’ve seen it first hand at trial. Anytime immigration status is questioned CA’s will work out a deal for a diversion program so the offender won’t get deported. And, I’m a FED now. Got tired of these relaxed prosecutors out in Northern Virginia.
You’re a right wing troll because you plaster pro-Trump BS, articles from a right wing news propaganda outlet like Sinclair, and parrot Russian talking points, as a start. You’re a walking Facebook comments section and yet someone thought it was wise to give you a gun and some authority.
So a right wing troll?
More like concerned citizen.
How concerned are you that the DOJ is covering up a pedophile sex ring because the president is highly involved?
The sitting president also just pardoned Juan Hernandez. Pardoning Ross ulbrecht was one of the first thing he did in January too.
i've told all those trolls to go spend a day in court to see how commonwealth attorneys are playing catch and release and cops are pissed off and quitting but at this point those trolls are not even locals
Exactly. But they don’t want to face the truth. That’s the reason I left local law enforcement up here. Joined the FEDs now.
Holy hell, imagine bragging about joining ICE for the signing bonus and the ideological commitment to what it's currently doing. And thats assuming youre not just making up that you work in LE at all
Who said I joined ICE? There are a myriad of other federal law enforcement agencies…
This isnt gonna help you beat the allegations that youre making shit up as part of an astroturfing campaign lmao
I can’t help the fact that you jump to conclusions and read at a third grade level.
You're lying about working in a profession that has actively banned smart people. Like sure, throw some stupid childish insults at me, but a purported LE officer calling other people stupid is extremely funny. Nobody is going to bother treating you as a good faith actor because your shit smelled from 2 states over
How lucky for the astroturfers that illegals keep committing precisely the kind of acts that ICE opposers pretend never happen
Charlie brown didnt have hoes lol
Predictable consequence of Descano being soft on real crime.
Can anyone explain why ICE didn’t get a warrant and deport this guy?
Sounds like lots of blame to go around here.
But my guess is that he’s an informant and that’s why they keep dropping charges against him.
I want to clarify that this is not a defense of ICE but there is a HUGE misconception here.
This individual was charged with Present without admission or parole The law is INA §212(a)(6)(A)(i). That is a civil immigration violation, not a criminal offense. ICE cannot obtain an arrest warrant because arrest warrants are for criminal offenses.
There is no process for ICE to obtain what’s referred to as a judicial warrant for the civil offense of Present without admission or parole. A federal judge in Virginia or wherever cannot issue a judicial warrant for that offense. Immigration judges only have authority over civil immigration law so neither can they.
ICE can get judicial warrants for criminal offenses such as Illegal entry, Illegal reentry after deportation, smuggling, etc.
Why don’t they get arrest warrants then for illegal entry? A few reasons. One, illegal entry has a 5 year statute of limitations. So after that you can’t be prosecuted for it. Second, it’s a crime which requires proof beyond a reasonable doubt. The government must prove the exact date and time the person entered, where they entered, the exact spot they entered, the method they entered, whether they entered the US knowingly and voluntarily, etc. Insanely difficult to prove.
Congress created immigration law and designed the system to be civil and not criminal. That is why almost everything around immigration is administrative warrants and detainers and not criminal arrest warrant.
I'm sorry, I don't think we can give ICE a pass because they "technically" followed the rule of law for once. Where was this desire to follow proper immigration policy when they wrongfully arrested or detained several American citizens and Native Americans? Let's not pretend they care about acting within the law. This crime could've been prevented if ICE did its actual job to deport violent immigrants instead of running around like a bunch of masked thugs picking up anyone who doesn't look white.
I’m not giving them a pass at all. How is clarifying the procedures for immigration enforcement giving them a pass?
I’m simply saying that there is no process on obtaining a criminal arrest warrant (judicial warrant) for a civil immigration violation. That’s all. I agree with what you’re saying but nowhere did I imply let’s give ‘em a break. In fact, in my very first sentence I said this is not a defense of ICE.
And I said "we (as in all of us) cannot give ICE a pass here." That wasnt directed at you. Semantics.
I got ya. Regardless, we agree with each other. Instead of targeting hard working immigrants looking for a better life they could’ve have focused their time and energy on truly violent immigrants
Because focusing on deporting those whom are a danger to society would be too sensical of a policy. Resources are focused on deporting those at a basically random draw
BINGO. It's shit show and the rage harvesting is making folks so worked up in a frenzy that they don't see the forest for the trees.
Not even random, they're deporting the easiest ones - you know, the immigrants who show up to their annual asylum hearings, who follow the rules, those people are super easy to snatch from the courthouse with 0 danger to ICE.
Going after dangerous gang-affiliated deportation targets would be hard work, and it might be dangerous, so why the hell would ICE do that? Nah, they'd rather be lazy and deport kids getting cancer treatment.
Too busy doing photo ops and roughing up people minding their own business.
Or, if you want to be particularly cynical, they’re okay letting guys like this loose knowing they’ll commit more crimes and drive anti-immigrant sentiment.
ICE is the root cause. CA cannot get successful prosecutions when the victims are too afraid to press charges. The victim in the case fled the US.
Stop spreading misinformation. A victim’s testimony isn’t necessary for a conviction if there is other corroborating evidence such as DNA evidence, CCTV, etc…
In this case that was what happened. It's OFTEN a problem nationwide. Folks are persecuting our local CA whose case rates are comparable to other similar counties because he won't join the MAGA hate train.
So much rage harvesting by the Sinclair Broadcasting hate machine and it leaves out important details covered by NBC4 Washington like the fact that the prosecution fell apart when the victims fled the country refusing to help the CA's office in getting the guy jailed.
And also the NBc4 report last night by Drew Wilder that he wasn’t even at the scene of that prior murder, it’s an MS13 crime and he falsely confessed.
Yeah clearly the guy who just murdered someone would never commit assault and was unfairly set up
Listen I am merely passing along what established non-Sinclair, investigative journalists have researched and reported. But sure, keyboard jockey, you got eyes on.
We should have elected Ed nuttall
Just so people understand an ICE detainer is simply a request from the federal government not an order. It is a request for a specific constitutional reason: ie the federal government cannot order a state or local agency to do something if its function is fully within the purview of state or local government. Managing a local jail is within the realm of a local function, thus, the feds have to ask. That’s why Richmond had to vote to approve the expansion of Medicaid and literally left free money on the table for years.
Keep in mind this is not simply something that is unique to “sanctuary jurisdictions”. Keeping people locked behind bars beyond their convictions is a major habeas corpus violation and many jurisdictions don’t want that liability.
Wait I was told for 4 years the blood is on the President’s hands when this sort of thing happens
[deleted]
Nope. Fairfax County Sheriff’s policy is messed up. Being on the Federal side now, we notify ICE after an encounter, and they will determine whether or not they’ll come out and take custody of the subject. This wasn’t done here.
Where is ICE when you actually need them? /s
Fuck ICE and fuck WJLA and Sinclair
How many people have died in DHS custody in 2025?
Trump is making us all unsafe by letting killers go
Abolish DHS.
How exactly would that have helped here?
In this case the OP left out the very relevant fact that the victim fled the US leaving the CA with no witness and thus no case. DHS and their campaign of hate make it very hard to get cooperation from immigrant crime victims now.
OP pasted an article….
OP pasted a propaganda piece from a news company so notorious that there's a reddit bot for them. The company has a stated policy to go after non GOP prosecutors and pump the crime beat hard to harvest rage and ratings to reward the MAGA party line.
Regardless. Your victim complex must be exhausting to maintain.
My visceral reaction is to the rage harvesting on social media undertaken by folks who repeatedly post Sinclair Broadcasting's magnification of minority crime, never ever white collar crimes. It's quite plainly a pattern and practice to attempt to suck in others to ancient trope of darker men being a danger to society and precious women. Been going on in the US for centuries. This is simply the latest manifestation of it.
Cringe. Living rent freeeeee
The cringe is all the haters firehosing a stream of minority criminals to drive a narrative that is out of bounds of reality where the majority of criminals are pale males.
Yikes okay
Less institutional racism is always helpful. DHS was created specifically to oppress brown people.
OK. Before DHS and ICE existed, deportations were handled by INS which was under the Department of Justice.
It's literally the same thing with a bureaucratic/organizational change.
So we abolish ICE and DHS, and go back to the old system, which is the same with a different name.
Literally not the same thing. INS respected due process and rule of law.
I support open borders, fwiw
Great. Let’s open the border to everyone and see what happens. Would you open your home to a random person on the street? I think not.
I'm down
It’s amazing to see how quickly people want the justice system to work to protect a victim. Yet women all over the country are killed by violent spouses who get to keep their guns and their rights. Do the same people mad at Descano now believe victims of domestic violence should get the same consideration?
If you’re only upset because an undocumented person did this then you’re just posturing. You don’t care about victims.
Nice job Abigail
How is the governor elect responsible for this?
Democrats are soft on crime, duh
GOP incompetent on crime. Trump prosecutors couldn't get a sandwich indicted.
Yeah, Trump isn't behind bars so I reluctantly agree.
Nice job to you too. The governor elect has as much influence on current policy as you do. Good attempt at blame storming, who is governor at this moment in time?
:) love how you refuse to admit democrats are soft on crime. Stay classy fellow nova member
Yeah, soft on crime. Tell yourself that. Who pardoned all the people convicted in the J6 insurrection? The guy you worship. Some were also convicted of other unrelated violent crimes, child porn, and other crimes, which trump pardoned. At least ten of those people couldn't stay out of prison for ten whole months. Two got into shootouts with police and would be alive today if he hadn't let them out of their cages.
He pardoned the silk road guy, George Santos, a Chinese crypto scammer, Rod Blagoyovich, two cops who killed a kid, Kodak Black (a rapper convicted of gun charges), Michael Flynn, Roger Stone, a soldier convicted on two counts of murder, another soldier convicted of murdering an unarmed prisoner, and so on and so on. Oddly, he pardoned Susan B Anthony, against her stated wishes when she was alive and the wishes of her family, as well as another civil rights figure who had refused a pardon before their death.
He has also moved convicted child molester and human trafficker Ghislane Maxwell to a minimum security prison in violation of the laws governing inmates convicted of the types of crime she was convicted of. This was in exchange for her lying about their past association.
For that matter, he was indicted 3 times on almost 100 charges, convicted of 42 of them and got the rest dismissed by becoming president. He has been found liable in hundreds of court cases, including cases related to various sex crimes. He has been involved in over 4000 court cases. Notably he was found guilty of stealing millions from a children's cancer charity, and he and his family are all barred from any involvement in any charity in New York.
Another bizarre part of his legal history is how many times judges he appointed to the supreme court have ruled against him. He packed the court with loyalists and even they couldn't justify his crimes.
You can't claim to be serious about crime. That's laughable.
Butt out DHS.